City of Dover, Delaware - Regular City Council Meeting

Regular City Council Meeting

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Jul 12, 1993 at 12:00 AM

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on July 12, 1993 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Malone, Hutchison, Salters and Hare. Mr. Pitts was absent.

Council staff members present were Chief Smith, Mr. Lucas, Ms. Swain, Mr. DePrima, Mrs. Boaman and Mr. Rodriguez.

The invocation was given by Reverend Moore, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested the addition of agenda item #3A to introduce the City's new City Manager.

Mr. Hare moved for approval of the agenda as amended, seconded by Mr. Leary and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 28, 1993

The Minutes of the Regular Council Meeting of June 28, 1993 were unanimously approved by motion of Mr. Hare, seconded by Mr. Leary and bore the written approval of Mayor Knopf.

PRESENTATION/RESOLUTION - CRAWFORD J. CARROLL

By motion of Mr. Hare, seconded by Mr. Hutchison, Council unanimously approved the following Resolution:

WHEREAS, Crawford J. Carroll, past Mayor and City Council member, has volunteered thousands of hours of personal time for the benefit of the citizens of Dover; and

WHEREAS, each year, the City of Dover holds a public auction for the sale of excess equipment and unclaimed property which has generated a total of approximately $500,000 for the City over the past 30 years; and

WHEREAS, over the years, Crawford J. Carroll, has offered his professional services as auctioneer at the City's public auction and has never accepted payment for his services, saving the City of Dover thousands of dollars, all out of his dedication to the City of Dover and its citizens.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover present this Resolution and Plaque as a token of appreciation for the services of Crawford J. Carroll and his contribution to the City of Dover.

ADOPTED: July 12, 1993

Crawford Carroll was presented with the Resolution and a plaque in appreciation of his services to the City of Dover. Mayor Carroll expressed his pleasure in being able to serve the City and conveyed his appreciation for the recognition.

PRESENTATION - LUTHER TOWERS

Luther Towers is exempted from payment of City of Dover property taxes. However, in their desire to be good citizens they have, since 1989, voluntarily contributed to the City a payment in lieu of taxes. The initial payment in 1989 was $5,000. The payment has consistently risen over the years, with this year's contribution being $12,500, for a total contribution to date of $48,500.

Council President Christiansen stated that Luther Towers' display of generosity and good citizenship is appreciated and will hopefully serve as an example of community commitment to other tax exempt organizations to follow.

In appreciation of the services and contributions of Lutheran Senior Services of Dover, a Plaque of Appreciation was presented to Mr. Art Ellison, Executive Director of Luther Towers, and Reverend Raymond Best, President of the Board of Directors.

Reverend Best stated that they appreciate their tax exempt status which allows them to maintain their current programs. However, they also recognize the responsibility of contributing to the City to help defray the costs associated with providing the City services enjoyed by the residents of their facility.

PROCLAMATION - BASTILLE DAY

Mayor Knopf issued the following Proclamation:

WHEREAS, on July 14, 1789, the people of Paris stormed the Bastille; and

WHEREAS, this date marked the beginning of the French Revolution; and

WHEREAS, we are celebrating the Freedom granted to the French by the Bastille Day, a tradition since 1880 when the Third Republic adopted the 14th of July as the National Holiday; and

WHEREAS, we remember the French American friendship since General Marquis de Lafayette and the Marechal Comte de Rochambeau who served so truthfully the American Revolution with General George Washington, until the Operation Desert Storm, fighting side by

side for the cause of Freedom and Liberty; and

WHEREAS, a Bastille Day celebration will be held on July 10, 1993 at the Blue Coat Inn in Dover.

NOW, THEREFORE, I, AARON O. KNOPF, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Wednesday, July 14, 1993 as BASTILLE DAY in the City of Dover and encourage all citizens to join in the celebration of Liberty, Equality, and Brotherhood.

Councilman Leary relayed that he presented the Proclamation during a ceremony on July 11th at the Blue Coat Inn.

INTRODUCTION OF NEW CITY MANAGER - MR. JAMES O'CONNOR

Council President Christiansen introduced Mr. James O'Connor who will serve as City Manager of the City of Dover. Mr. O'Connor is from Bartow, Florida where he served as City Manager for 14 years. Mr. Christiansen announced that a reception to welcome Mr. & Mrs. O'Connor will be held on July 16th at the Grace Fellowship Hall of Wesley Church at 7:00 p.m. Everyone is invited to participate.

PUBLIC HEARING - PROPOSED HISTORIC DISTRICT ORDINANCE AMENDMENTS

A public hearing was duly advertised to consider adoption of proposed historic district ordinance amendments. The first reading of the proposed ordinances was accomplished during the Council Meeting of June 14, 1993.

City Planner, Mr. Tony DePrima, explained that the public hearing is for the purpose of discussing the proposed ordinance amendments. Discussion on the historic district guidelines will take place on July 19th before the Planning Commission.

Mr. DePrima stated that the purpose of the historic district is to preserve and enhance the unique character and value of the old portion of Dover as an area of special charm and interest. The perimeter of the current historic district will not be altered and there will be no additional fees created. In fact, fees would be abolished for minor projects rather than the current fee of $250.00 for minor and major projects. Approval of the ordinance amendments would also establish an Historic District Commission that would serve in an advisory capacity as the Architectural Review Board to the Planning Commission and City Planner.

Responding to Mr. Tudor on the need for the proposed ordinances, Mr. DePrima stated that the City was using the Friends of Old Dover as our specialists to perform architectural review. The Friends are uncomfortable with this duty since they are a non-profit organization, not associated with the City, and they feel they should not be making recommendations to the City. They have suggested the creation of an Historic District Commission to perform this function. Mr. DePrima stated that under the current ordinances, the Planning Commission reviews minor projects which takes a lot of time for the Planning Commission and for the applicant. Also, the current ordinances contain language that is so broad that it is subject to interpretation.

Council President Christiansen declared the public hearing open.

Mr. Gary Sachau, Architectural Historian for the Delaware State Preservation Office, urged approval of the ordinances. The historic character of Dover is very important and Mr. Sachau felt that Council should take action to preserve its character. Grants may be available for this project that encompasses revisions to the historic district ordinances. This would also make the City eligible for a large portion of the State's federal grant money for preservation planning activities.

Ms. Nan Hagen, Project Manager for Main Street Dover, stated her support for the ordinances. As a former owner of a home within an historic district, she felt that the Historic District Commission was a great benefit to her. When renovating her former home, she felt that the Commission offered the expertise needed in renovating historic homes free of charge. She reminded Council that such restrictions also protect homeowners from absentee landlords that often make haphazard repairs just to keep costs down and the property rentable.

Mr. Terry Jackson, architect in Dover and a representative of the Executive Committee of The Friends of Old Dover, spoke in favor of approval of the ordinances. Mr. Jackson stated that in other cities where they have adopted an Historic District Commission, they have watched their historic district properties increase in value. He stated that this area of Dover is one of the City's most valuable assets and it must be protected. To not pay attention to this asset would be very short sighted on the part of the City.

Mr. James Carr of 767 Miller Drive questioned the need for such a Commission, feeling that the current system seems to be working. He specifically objected to Section 3.42 that permits the Commission to direct the Building Inspector to bring misdemeanor charges against owners that fail to comply with directions of the Commission. Mr. Carr urged denial of the proposed ordinances.

Dr. Jack Gardner of 213 N. State Street objected to the proposed ordinances, feeling that they are ambiguous and could lead to potential problems. Mr. DePrima answered many questions set forth by Dr. Gardner, and stated that many concerns outlined by Dr. Gardner are part of the ordinances in existence today. It was Mr. DePrima's opinion that the new ordinances and guidelines will clear up many of the ambiguous areas pointed out by Dr. Gardner and will simplify the process for minor improvements to homes within the district.

Mr. Charles Johnson of 419 S. State Street stated that he supports the preservation of old homes, but opposes the proposed historic district ordinances. He stated his opinion that in attempting to protect old homes, the amendments assume that property owners are evil and not good homeowners. He felt that those owning historic homes normally take very good care of them and that if such a Commission is established, it should have no power and should serve as an educational board only. Mr. Johnson felt that the proposed ordinances are too complicated and too controlling.

Mrs. Nancy Gardner of 213 N. State Street stated that she essentially supports the ordinances but has many unanswered questions. She relayed problems with neighbors that forced her to erect a 6' privacy fence around her home. The proposed amendments do not address problems of this nature. She suggested that the historic district be expanded. Responding to Ms. Gardner's statements that certain portions of the historic district ordinances did not apply to her home when she made renovations last year, Mr. DePrima stated that the Gardner's home is not within the designated historic district.

Council President Christiansen declared the public hearing closed.

Feeling that there are many areas of the proposed ordinances that are not clear to the affected homeowners, Mr. Hutchison moved that action be tabled on the proposed historic district ordinance amendments to allow time for further review by property owners and City staff. Mr. Tudor seconded the motion which was carried with Mr. Leary voting no (Mr. Pitts absent).

PUBLIC HEARING - PROPOSED MISCELLANEOUS ZONING TEXT AMENDMENTS

A public hearing was duly advertised to consider adoption of proposed miscellaneous zoning text amendments. The first reading of the proposed ordinances was accomplished during the Council Meeting of June 14, 1993.

City Planner, Mr. DePrima, explained that the miscellaneous zoning text amendments are proposed for approval to clarify and bring up to date certain sections of the Zoning Code.

Council President Christiansen declared the public hearing open.

There was no one present wishing to speak during the public hearing.

Council President Christiansen declared the public hearing closed.

Mr. Hare moved for approval of the proposed miscellaneous zoning text amendments, seconded by Mr. Salters. By a unanimous roll call vote (Mr. Pitts absent), Council adopted the following ordinances:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

AMENDMENT #1

Amend Article 4, Section 4.6 M, IPM Zones by deleting within the Schedule of Bulk and Parking Regulations the Off Street Parking Space requirements and inserting in lieu thereof, the following:

IPM IPM

M Conventional PlannedIndustrial Park

Off Street Parking

Space

Per 800 sq. ft. of

floor area 1 1 1

per employee, per

largest working

shift (if greater

than the requirement

under the floor area

calculation) 1 1 1

AMENDMENT #2

Amend Article 3, Section 20. Industrial Park Manufacturing Zone (IPM), by deleting Sub-Section 20.14 in its entirety and by inserting in lieu thereof, the following:

20.14 Business, professional or administrative offices; banks and financial institutions, hotels, motels and restaurants; public parks, playgrounds, and recreational facilities and public utility uses; provided that these uses shall only be located upon a thoroughfare, arterial street or access highway within the IPM zone. Retail sales and service establishments within Planned Industrial parks for local needs and local consumption of the employees and customers of the other permitted uses within the Planned Industrial Park.

AMENDMENT #3

Amend Article 8 Enforcement and Penalties, Section 1 Building Permits of the City of Dover Zoning Ordinance by deleting Sub-sections 1.1, 1.5, 1.6, and 1.7 in their entirety and subsequently renumber all remaining sub-section in proper numerical order.

AMENDMENT #4

Amend Article 5 Supplementary Regulations, Section 16 Tree Planting and Preservation, Subsection 16.2 Definitions by deleting the definition of "Design Professional" and inserting in lieu thereof, the following definition:

Design professional. Shall be any person licensed as a landscape architect or architect, or Delaware Certified Nursery Professional.

AMENDMENT #5

Amend Article 12. Definitions by deleting the definition of "Multiple".

AMENDMENT #6

Amend Article 10 Planning Commission, Section 5. Amendments, by deleting in its entirety Sub-Section 5.183 and by inserting in lieu thereof, the following:

5.183 In all cases where the City Council shall approve an amendment to the zoning map because of a request for new construction of buildings or structures on the rezoned land or where new construction is required to carry out the new use on the rezoned land, the City Council shall reconsider the zoning classification by having an amendment to rezone the land to its prior classification be automatically placed on the agenda by the city clerk, unless within one year from the effective date of the amendment to the zoning map one of the following conditions is met:

a. New construction is started on the rezoned land according to the request for the amendment and such construction is proceeding in a normal and reasonable manner toward completion; or

b. City Council is given a satisfactory explanation for the failure to commence construction and reasonable written assurance that construction will commence soon after passage of the one year period and will proceed in a normal and reasonable manner toward completion; or

c. The current zoning is in conformance with the current Comprehensive Plan and its prior zone was not conforming with the current Comprehensive Plan.

AMENDMENT #7

Amend Article 3 District Regulations, Section 10. Institutional and Office Zone (IO), by deleting in its entirety Sub-Section 10.14 and by inserting in lieu thereof, the following:

10.14 Permitted Signs

a. One sign facing each street from which access to the lot is provided announcing the name or insignia, or both, of the company or companies housed in the building. Such sign shall be applied onto the wall of the building, shall not exceed an area of fifty (50) square feet and shall extend beyond the said wall of not more than twelve (12) inches.

b. One monument sign facing each street from which access to the lot is provided announcing the name or insignia, or both, of the company or companies housed in the building. The base of the sign shall not be more than (2) feet above the ground. The sign shall not exceed an area of fifty (50) square feet, or exceed a height of 5 feet above the grade of the lot, or have a height that exceeds its length.

c. One identification sign at each point of access to the lot with an area of not more than three (3) square feet, and internal direction signs, each with an area of not more than two (2) square feet.

d. If illuminated at night, such illumination shall be indirect, with all light sources shielded from the view of adjacent lots and streets. If the sign is situated within 200 Feet of any residence in a residential zone, hours of illumination shall be limited to between the hours of 7:00 AM and 11:00 PM.

AMENDMENT #8

Amend Article 3 District Regulations, Section 19. Manufacturing Zones (M), by deleting in its entirety Sub-Section 19.16 and by inserting in lieu thereof, the following:

19.16 Permitted Signs

a. One sign facing each street from which access to the lot is provided announcing the name or insignia, or both, of the company or companies housed in the development on the lot. Such sign shall be applied onto the wall of the building, shall not exceed an area of fifty (50) square feet and shall extend beyond the said wall not more than twelve (12) inches.

b. One monument sign facing each street from which access to the lot is provided announcing the name or insignia, or both, of the company or companies housed in the development on the lot. The base of the sign shall not be more than (2) feet above the ground. The sign shall not exceed an area of fifty (50) square feet, or exceed a height of 5 feet above the grade of the lot, or have a height that exceeds its length.

d. If illuminated at night, such illumination shall be indirect, with all light sources shielded from the view of adjacent lots and streets. If situated within 200 Feet of any residence in a residential zone, hours of illumination shall be limited to between the hours of 7:00 AM and 11:00 PM.

AMENDMENT #9

Amend Article 3 District Regulations, Section 20. Industrial Park Manufacturing Zones (IPM), by deleting in its entirety Sub-Section 20.15 and by inserting in lieu thereof, the following:

20.15 Permitted Signs

AMENDMENT #10

Amend Article 5 Supplementary Regulations, Section 4, Supplementary sign regulations., Sub-Section 4.2 by adding the following Item:

e. Signs that contain fluttering material, or are illuminated by flashing or intermittent lights, or lights of changing degrees or intensity, except signs indicating the time, date, or weather conditions.

AMENDMENT #11

Amend Article 2, Zoning Ordinance and Zoning Map, Section 1, List of Zones, to include the following zoning districts by title at the end of the present list in the sequence as follows:

"Commercial/Professional Office Zone . . . . . . . . . . . . C-PO

Corridor Overlay Zone 1 . . . . . . . . . . . . . . . . . . COZ-1"

AMENDMENT #12

Amend Article 7, Non-conforming Buildings and Uses, Section 1, Non-conforming buildings and uses, by deleting Subsections 1.6 and 1.7 in their entirety and inserting in lieu thereof, the following new subsection:

"1.6Nonconforming Signs. In all zones, any sign which is non-conforming to the provisions of this Ordinance or the zoning district requirements for any particular zone, shall be removed from the premises or made to conform with the requirements when:

a) there is renovation of a 75% of the exterior of the principle building or expansion of more than 20% of the floor area of the principle building on the premises to which such non-conforming signs are accessory to, except that free standing signs that are non-conforming with respect to front setback requirements shall not be made to be setback further than the front of the principle structure; or

b) prior to the issuance of any permit for the placement of any additional signage on the property; or

c) it is determined by the Building Inspector that a non-conforming sign is unsafe, or in a dilapidated condition, or is in a state of disrepair, or is otherwise in violation of any provision of this Ordinance.

It shall be the responsibility of the owner of record of such property to cause the removal of such non-conforming signs in accordance with these provisions. When any of the above-

listed conditions exist, the Building Inspector is authorized to issue written notice by certified mail to the owner of record of such property stating that such signs shall be removed within two (2) calendar weeks of the date of receipt of the written notice. Failure to comply with these regulations, after due notice, shall be deemed a violation of this Ordinance and punishable in accordance with the provisions of Article 8, Section 4 (Violations and Penalties) of this Ordinance. In addition, in the event that compliance is not achieved within the stated period, the Building Inspector may remove or cause to be removed from the premises any such signs in violation of this Ordinance. All expenses incidental to such removal shall be charged to the owner of record of such property and shall constitute a lien upon such property.

Amend Article 12 (Definitions) By inserting in the proper alphabetical location the following definition:

" 'Non-conforming Sign' means any sign that does not conform to the regulations prescribed in this Ordinance for the zoning district in which such is situated."

AMENDMENT #13

Amend Article 5, Supplementary Regulations, Section 4, Supplementary Sign Regulations, by inserting the following item in Subsection 4.7 in the correct alphanumeric location:

e) Directional signs limited in area to no more than 2 square feet per sign.

Amend Article 12 (Definitions) by inserting in the correct alphabetical location the following definition:

" 'Directional Sign' means a sign limited to no more than 2 square feet which provides directional information, traffic control information, identifies points of entrances and exits, identifies inanimate objects by generic name only, and which is devoid of any commercial advertising text or company logotype."

AMENDMENT #14

Amend Article 3, Section 2 by establishing Sub-section 2.4 to read as follows:

"2.4Conditional Uses permitted upon the approval of the Planning Commission in accordance with the procedures and general conditions set forth in Article 10, Section 1 of this Ordinance:

(a) Bed and Breakfast Inns in the RG-1 District only, subject to the following:

I. A bed and breakfast inn may only be established within a primary residential structure or an associated accessory structure.

ii. The owner of the property shall reside on the premises of the bed and breakfast inn or in an adjacent premise. However, if ownership of the property is in the name of a corporation, partnership, trust, etc., a full-time resident manager/operator/inn-keeper shall reside in the principal structure on the subject property or adjacent property.

iii.The principal structure shall contain at least one (1) full bathroom for the exclusive use of the owner or resident manager and other members of the immediate household. In addition, one (1) full bathroom shall be provided for each two guest rooms. Each full bathroom shall contain a minimum of one (1) water closet (toilet), one (1) lavatory (sink) and one (1) bathtub or shower stall and shall comply with all applicable building and plumbing codes.

iv. The number of guest rooms requested shall be set forth in the application for conditional use. The Planning Commission shall expressly establish the maximum number of guest rooms permitted for any application for which approval is granted. In no case shall a bed and breakfast inn contain more than ten (10) guest rooms.

v. Off-street parking shall be provided at a minimum of two (2) spaces plus one (1) space per guest room. Off-street parking shall be prohibited in the front yard, except that such parking which may be customarily accommodated on a single width driveway may be permitted. Required parking may be provided on the premises or off the premises, provided that such off-premise parking is located within 150 Feet walking distance of the bed and breakfast property.

vi. Lot coverage for a bed and breakfast inn shall not exceed 60 % of the lot.

vii.Signage is limited to one (1) sign not to exceed 6 Square Feet in area. Signs may be illuminated, provided that internally illuminated signs shall be prohibited.

viii.Meals may be served to residents and over-night guests only. No cooking appliances or kitchenettes shall be permitted within the guest rooms, except small refrigerators and microwave ovens.

ix. The stay of over-night guests shall be limited to thirty (30) consecutive days.

x. The owner/operator of a bed and breakfast inn shall maintain a current City of Dover Business License and the establishment shall be inspected by the City of Dover Fire Marshal and the City of Dover Health Inspector for compliance with all applicable life safety and health and sanitation codes."

Amend Article 3, Section 9.14 by adding the following new sub-section:

"(c)Bed and Breakfast Inns, subject to the following:

I. A bed and breakfast inn may only be established within a primary residential structure or in an associated accessory structure.

ii. The owner of the property shall reside on the premises of the bed and breakfast inn or on an adjacent premises. However, if ownership of the property is in the name of a corporation, partnership, trust, etc., a full-time resident manager/operator/inn-keeper shall reside in the principal structure on the subject property or adjacent property.

vi. Lot coverage for a bed and breakfast inn shall not exceed 60 % of the lot.

vii.Signage is limited to one (1) sign not to exceed 6 Square Feet in area. Signs may be illuminated, provided that internally illuminated signs shall be prohibited.

viii.Meals may be served to residents and over-night guests only. No cooking appliances or kitchenettes shall be permitted within the guest rooms except for small refrigerators and microwave ovens.

ix. The stay of over-night guests shall be limited to thirty (30) consecutive days.

x. The owner/operator of a bed and breakfast inn shall maintain a current City of Dover Business License and the establishment shall be inspected at least semi-annually by the City of Dover Fire Marshal and the City of Dover Health Inspector for compliance with all applicable life safety and health and sanitation codes."

Amend Article 12 (Definitions) by inserting at the correct alphabetical location the following definition:

"Bed and Breakfast Inn. A principal residential structure containing eating and sleeping accommodations for the purpose of lodging for over-night guests and which is offered for compensation and which has been approved by the City of Dover Planning Commission in accordance with Article 3, Section 1.14, Item (d) of the City of Dover Zoning Ordinance."

ADOPTED: July 12, 1993

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on June 29, 1993 with Chairman Salters presiding.

Water/Wastewater Bond Issue - Series 1993

In 1986, the City issued bonds for well field development on the east side of Dover. This issue was for $4,650,000 and included the well field project, related water lines, Puncheon Run sewer lines and Walker Road sewer lines. Due to inflation and the addition of the water treatment plant to the project, the well field project costs have risen. In order to secure funds for this and other projects, the concept of a bond issue in the amount of $4,256,000 has been considered.

The water/sewer budget for fiscal year 1992/93 and the rate increase effective July 1, 1992 included the debt service, in the amount of $635,000, for this project. The bonds were not issued since the funds were not needed during fiscal year 1992/93. The amount of $635,000 has been used by the utility to meet the deficit created by the declining revenues. A provision of $452,000 for fiscal year 1993/94 has been made for the debt service, of which $200,000 will be used for debt service payments and $250,000 will be used as the City's equity contribution towards the project. The Bond Counsel, Financial Advisors and the Consulting Engineers will send their fees by July 10, 1993, which will be compared to the industry standards.

The committee recommended approval of the bond issue concept and that the Finance Director be authorized to proceed with the necessary actions. (The proposed Bond Issue Resolution will be submitted to Council on August 9, 1993.)

Mr. Salters moved for approval of the committee's recommendation, seconded by Mr. Lambert and unanimously carried.

Requests for Grants - Downtown Development Funds

For the past several years, the City has budgeted $65,000 for downtown development grants. The following is a list of the involved organizations, the requested 1993/94 funding, and the amount they received in 1992/93:

1993/94 1992/93

Request Funding

Central Dover Business Association

(Main Street Dover, Inc.) $30,000 $20,000

Kent County Tourism 5,000 5,000

Dover Parking Authority 40,000